Effect on Small Business
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person:
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495.
Email:
pamela.haack@drl.state.wi.us.
Place to Submit Comments and Deadline for Submission
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before June 22, 2007 to be included in the record of rule-making proceedings.
Text of Rule
SECTION 1. Chapters
CB 1 and
2 are created to read:
AUTHORITY AND APPLICATIONS FOR LICENSURE
CB 1.01 Authority. The rules in this chapter are adopted pursuant to ss.
227.11 (2) and
440.905, Stats.
CB 1.02 Applications for cemetery authority, cemetery salesperson and preneed seller. (1) OTHER INFORMATION. In addition to the information which the board must require of applicants for registration as a cemetery authority, a cemetery salesperson or a preneed seller pursuant to ss.
440.91 and
440.92, Stats., the board may require all of the following:
(a) Information about any crimes committed by the applicant and any charges pending against the applicant.
(b) Information about any surrender, resignation, cancellation or denial of an application for a credential or any disciplinary action taken against a credential held by the applicant in Wisconsin or another licensing jurisdiction.
(c) Information about any disciplinary action pending against the applicant in any jurisdiction and relating to a credential held by the applicant.
(d) Information about any suits or claims ever having been filed against an applicant as a result of professional services rendered by the applicant in connection with cemetery operations.
(2) BASIS FOR DENIAL OF APPLICATION. The board may limit or deny an application for registration as a cemetery authority, cemetery salesperson or preneed seller for any of the grounds for which the department may discipline a credential holder under s.
440.93, Stats.
FILING OF ANNUAL REPORTS BY CEMETERY AUTHORITIES AND PRENEED SELLERS
CB 2.02 Filing of annual reports. Cemetery authorities required to file an annual report under s.
157.62 (2), Stats., and preneed sellers required to file an annual report under s.
440.92 (6), Stats., shall do so on or before March 1 of each year.
CB 2.03 Reporting period. The annual reports and certifications in lieu of annual reports shall be made on a calendar year basis unless the board, upon request, approved a different reporting period.
CB 2.04 Religious society exemption. A cemetery authority of a cemetery that is affiliated with a religious society organized under ch.
187, Stats., or that religious society may file a certification in lieu of an annual report under s.
157.63 or
440.92 (9), Stats. The certification shall be filed on or before the 60
th day after the last day of the reporting period.
Note: Forms for the annual report and certification may be obtained upon request from and shall be filed with the Department of Regulation and Licensing, Division of Credentialing Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
SECTION 2. Chs. RL 50 and 51 are repealed.
Notice of Proposed Rule
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rule as proposed in this notice without public hearing unless, within 30 days after publication of this notice on
May 31, 2007, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis prepared by State Elections Board
Statute(s) interpreted: ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats.
Related statute(s) or rule(s): s.
19.35, Stats.
Explanation of agency authority: This amended rule interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats. The rule requires that persons who request copies of information or data from the Statewide Voter registration System must pay, for each such copy, a charge calculated under the provisions of the rule according to the schedule established by the rule.
At the present time, the Elections Board is limited, in the fee that it can charge for information provided by the Statewide Voter registration System, to the fee set by s.
19.35 (3), Stats.: “the actual, necessary and direct cost of reproduction and transcription of the record." In order to recover both the cost of reproduction and the cost of maintaining the list at the state and local level, rather than having its charge be limited to the amount currently provided under the public records law, the Board needs an immediate rule reflecting both cost components as required by new statute, s.
6.36, Stats. The legislature in s.
6.36 (6), Stats., has directed the Board to promulgate that rule.
Plain language analysis: The rule provides the methods by which the Elections Board staff will calculate the pricing to fulfill requests for voter registration data that are contained within the Statewide Voter Registration System.
Comparison with existing or proposed federal regulations: The federal government does not have a voter registration system and does not provide voter registration data for which it could exact a charge.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan and Minnesota all have voter registration data systems which collect a charge for data comparable to Wisconsin's.
Summary of factual data and analytical methodologies: The legislature has directed the board to calculate a cost of data and record reproduction and a cost of list maintenance and build those costs into its charges for copies of voter registration data and records. Those are the only data or methodology that affects the rule.
Analysis for effect on small business: The rule will have no effect on small business or economic impact.
Agency Contact Person
George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136;
Submission of Comments and Deadline for Comments
Comments should be submitted to:
State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136; (elections.state.wi.us)
Deadline for submission: June 4, 2007.
Text of Rule
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., the Elections Board hereby creates s. ElBd 3.50, and interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats.:
SECTION 1. ElBd 3.50 is created to read:
ElBd 3.50 Charges for voter registration data.
(1) Definitions. As used in this rule:
(a) “Custom report" means a report that is not programmed to run in the Statewide Voter Registration System at the time a request for the report is made.
(b) “Election official" has the same meaning as provided in s.
5.02 (4e), Stats.
(c) “Official registration list" has the same meaning as provided in s.
6.36, Stats.
(d) “Protected information" means any information that is protected from general public disclosure by ss.
6.36 (1) (b) 1. a., and
6.47, Stats.
(e) “Report" means a defined list of related voter registration data records generated from the Statewide Voter Registration System.
(f) “Voter Registration Data" means data contained in the official registration list.
(g) “Voter Registration Data Record" means a set of related information requested from the official registration list which consists of a core data element and related attributes. A core data element is the basic unit of data that is being requested, including, but not limited to, a voter name, candidate, election official, or address. The related attributes consist of pieces of data associated with that core data element.
(2) The official registration list shall be open to public inspection consistent with the requirements of ss.
6.36,
6.45 through
6.47, and ss.
19.31 through
19.36, Stats.
(3) Any person may obtain, from the official registration list, voter registration data that is not protected information, upon payment of the applicable charges.
(4) The charge for reports in electronic format is a $25 base fee per report plus $5 for the first 1,000 voter registration data records in the report, plus $5 for each additional 1,000 voter registration data records, rounded to the nearest thousand. The maximum charge for an electronic report is $12,500.
(5) The charge for a paper copy of a report is $.25 per page, plus the cost of postage and shipping.
(6) Any request for a report or custom report submitted to the State Elections Board shall either be made in writing by the requester or shall be reduced to writing by the board's staff. Any request by the board for payment in advance for the report requested shall include a copy of the report request in writing as submitted by the requester or as memorialized by the board's staff.
(7) Any person may request a copy of the poll list used at an election from the municipal or county clerk who has custody of the list. The cost of a copy of a poll list provided by a municipal or county clerk shall be a fee determined by that clerk not to exceed the cost of reproduction.
(8) The state elections board, its staff, and each municipal or county election official shall take steps to ensure that any protected information contained in the Statewide Voter Registration System, or on a poll list, is not made available for public inspection.
(9) If a request for voter registration data requires a custom report, and the elections board staff determines that it can produce the report, the cost of producing the custom report charged to the requester shall be calculated by the board's staff on a case-by-case basis and shall include, in addition to the costs articulated in subs. (4) or (5), including any applicable costs of handling and mailing, costs of reproduction, including programming costs; and the costs of maintenance of the SVRS as authorized by s.
6.36 (6), Stats. Requests fulfilled under this subsection are not subject to the maximum charge limitations in subs. (4) and (5).
(10) The fees received from requests for voter registration data will remain with the municipality, county, or the State Election Board, whoever produces and provides the report.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Notice of Hearing
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
50.02 (2) (ad) and
227.11 (2) (a), Stats., and interpreting ss.
50.02 (2) (ad) and
55.14, Stats., the Wisconsin Department of Health and Family Services proposes to repeal and recreate HFS 83.04 (50) and to create HFS 83.04 (33m) and (49m); HFS 83.07 (7m) and Note; HFS 88.02 (14m), (27g), and (27r); HFS 88.03 (4) (c) and Note; HFS 89.13 (17m), (25g), (25r); HFS 89.53 (4) (c) and Note; HFS 132.13 (10m), (25g), (25r); HFS 132.14 (9) and Note; HFS 134.13 (18m), (38g), and (38r); and HFS 134.14 (5r) and Note, rules relating to facility reporting of involuntary administration of psychotropic medication under s.
55.14, Stats., and affecting small businesses
Hearing Date(s) and Location(s)
Date and Time
|
Location
|
June 13, 2007
11:00 AM - 1:00 PM
|
Wilson Street State Office Bldg.
1 West Wilson Street
Room 1150 A
Madison, WI
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Place Where Written Comments May be Submitted
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov.
Deadline for Comment Submission
The deadline for submitting comments to the Department is 4:30 p.m. on
June 20, 2007.
